Lawsuit Claims Company 'Failed To Keep Truck In Safe And Proper Manner'

NEW YORK (CBSNewYork/AP) — The family of a Harlem boy killed by a tractor-trailer at an intersection without a crossing guard has sued the trucking company.

The boy, 6-year-old Amar Diarrassouba, was hit on his way to school on Feb. 28.

His parents filed the lawsuit on Monday against McLane Food Service Distribution and driver Robert Carroll Jr.

The suit claims the company “failed to keep the truck in a safe and proper manner.”

The boy’s parents, Sidiki and Mehichata Diarrassouba, are seeking unspecified damages.

The company declined to comment.

The incident happened at the intersection of First Avenue and East 117th Street. Diarrassouba was walking to school with his 9-year-old brother when he was struck. They were in the First Avenue crosswalk when he was hit by the truck as it turned from East 117th Street, police said.

The crossing guard assigned to the intersection was not at her post, according to NYPD Commissioner Ray Kelly.

Flavia Roman, 55, told police she stepped away for an emergency bathroom break, but sources told CBS 2 that she never showed up for work. Her whereabouts are under investigation.

Roman’s punishment was a 30-day unpaid suspension.

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(TM and Copyright 2013 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2013 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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